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HomeMy WebLinkAbout1981 (DEA) State and Local Task Force Agreement (copy)Y OF g� SXNFORD FLORIDA (SANFORD POLICE DEPARTMENT) TRANSMI'TTAL MEMORANDUM TO: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ ❑ Final Plat (original mylars) ❑ ❑ Letter of Credit ❑ ❑ Maintenance Bond ❑ Ordinance ❑ ❑ Performance Bond ❑ Resolution N DEA Task Force Agreement 10.01.18 — 09.3 0.19 Once completed, please: ❑ Return original ❑ Return copy N Maintain the fully executed copy on file. Special Instructions: Mayor's signature Recording Rendering Safe keeping (Vault) Please advise if you have any questions regarding the above. Thank you! 504d WOO& November 9, 2018 From Date STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this F" day of October, 2018, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and Sanford Police Department (hereinafter "SPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Florida, the parties hereto agree to the following: 1. The DEA Orlando Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Florida area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida. 2. To accomplish the objectives of the DEA Orlando Task Force, the SPD agrees to detail one (1) experienced officer(s) to the DEA Orlando Task Force for a period of not less than two years. During this period of assignment, the SPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The SPD officers assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The SPD officers assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the DEA Orlando Task Force, DEA will assign three (3) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and SPD officers assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the DEA Orlando Task Force, the SPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the SPD for overtime payments made by it to SPD officers assigned to the DEA Orlando Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $ 18,343.75), per officer. Note: Task Force Officer's overtime "shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will the SPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The SPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The SPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The SPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The SPD agrees that an authorized officer or employee will execute and return to DEA the attached ON Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The SPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the SPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the SPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. All sharing of federally forfeited property will be done in accordance with the U.S. Department of Justice policies and procedures as set forth in Guide to Equitable Sharing for State and Local Law Enforcement Aizencies (April 2009). Every effort will be made by DEA to make a fair and impartial distribution of federally forfeited assets. 14. Among members of the Orlando District Office Task Force (ODOTF), sharing of federally forfeited property will be based on the number of officers each participating agency assigns to the ODOTF. 15. Equitable sharing distributions with non-ODOTF agencies shall be based on the number of work hours expended by the non-ODOTF agencies in the investigation. In investigations where agencies not comprising the ODOTF participate in the investigation leading to the seizure and federal forfeiture of assets, sharing may also be determined on the ultimate qualitative value of the information provided to the ODOTF. In making the distribution determination, DEA will take into consideration the originator of the information, the development and/or use of confidential informants or sources of information, and the critical nature of the assistance to the investigation. 16. Equitable sharing distributions with contributing ODOTF agencies (e.g. independent agency units, narcotic squads, detective squads etc.) shall be based on the number of work hours expended by contributing ODOTF agencies in the investigation. In investigations where agencies (e.g. independent agency units, narcotic squads, detective squads etc.) comprising the ODOTF participate in the investigation leading to the seizure and federal forfeiture of assets, sharing may also be determined on the ultimate qualitative value of the information provided to the ODOTF. In making the distribution determination, DEA will take into consideration the originator of the information, the development and/or use of confidential informants or sources of information, and the critical nature of the assistance to the investigation. 17. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2019. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by SPD during the term of this agreement. For the Drug Enforcement Administration: Date: Ado us P. Wright Special Agent in Charge Miami Field Division For the Sanford Police Date: 3� �� Cecil E. Smith Chief f+~ ` U.S. DEPARTMENT OF JUSTICE w OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING Itrule Ic (Federal . State,. or local) tra a tion or c tr ct under a �iG transaction; , violation ofeeeral or'ta Intitrust As e uir d b SSe �Qn 13 Tale 31 of the U.S. Code, an u es or commission of em ez ementd het orye impfer en ed at 28 �FR Part 59, 1` r ons e t nn into 88 aaW�� rror fa sification . or �lelstruction o records, ma ing alsrye Pr copp a ative reement over $ib8��0, as eeiine�i at 2tfFR state tints, or receiving s o en property; artti3, tie app i ant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attemptinq to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant trip entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; N.1 . If an { ds other than Federal a r riated funds have. been d or wil�oe Maid to any pppgrson fo pn��ienQcinq or Mmptin t°� (ueress,aa °f1!ice� or emp�o ee olCoresge o�aR eMrinobee of a ember o� &n ress in co ne tion 5th t is Federal'rbnt or PCco perati a adre�e�n Wt, the �r�c ersig�ed s all corp a'1n Y and Pmtt tan ar orm . - . Isclosure o o bin c lvities, in accordance with its instructions; ( The ndorsic7nea sh ll require that the la u e pt this cer- t �cition �b in 176 in t ie awprd docL)ments d� ��su t wards at a iers. �ncludin s grants, ontract unci r rants a d cooprative ��reeMents, nd suecontrcls) an ed that all suV recints sha certi y and disclose accordingly. SUSP ANU U I HER MA) TA Sau� Pengsignd.anbaimq lemented OrderCFRVR'13 torpr sate nil �FRc a�t�bs7��eci on s7cb16red trrat3nsactions, as de>pineciPa g A. The applicant certifies that it and its principals: (a) Are not presentlydebarred, suspended, proposed for debar- ment declared ineligible, sentenced to a denial of Federal benefits by a State or -Federal court, or voluntarily excluded from covered transactions by any Federal department or agency, Are not present) indictid for or theerwise criminal)I or civil) arggged by a over�i alae( alit (�ederal, St te, or I�cal wi �o� r>11sSion dP an off tie of�ens�s enumerated in paragrabh �1) of this ce ifica on; and Old not within a tthhreptt-�� ear eriod a eding iihi ap fi atio i lm oa er�f morusevorlidceyli aontgns e°deral, 5ta e, gr °focar Bat meats neth eplicrtificatioria he o� strtify hall aarac�f tan explanation to this application. DR FR RKPLACE GRAN ES E THAN INDIVIDUALS) As rerr�uired b the ��u Fre��W�u�lacr�e it of 1988,s,and as de?inedete a Part F Sections 6pl 61 ' and�W�5- drugTee olr'�Cap cePbrtYties that it will or will continue to provide a (a) P b ishin a stat meet nota in em to ees that the urtlaw ma uta to e, istrlbution, is em , ssession, gr usefv a codntro�ied su�st ace Is rite.inhl hgrantee s workplace nd s ecifvin t9ie acts E,,ha wi be a e against employees or vi�atioh o� such pro�iibition; 0ormstemlp�oye�s abo°uf9oing drug-free awareness program to (1) The dangers of drugs abuse in the workplace, (2) The grantee's policy of maintaining a drug-free workplace; %( as's3 A available dru c unseling, rehabilitation, and employee ,A available programs, %n8 LVThe �gr�alties that ma b imkosked uopon employees for drug use v o a ions occurnngyin a or p a e; Ic) MaKn it a re it ment that each employee to a en a ed in b Have not w tri a three yea period preced n this applic tion the er�or�nancee t�i rant be given cpy of he stgamed in een convicted o ' r hjd a civi�.Wdrtq e�t renc�etged apaulst tie req�ired by paragraph (a?; o9r commis ion of �rau r a cri i a o ease in con ection watt taining, attempting to o�itain, or pe orming a ttrih t en th�Notifi�e� tht, as aPc°edPition of employment undergt�ie grab ra ra e oy wi - OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and vaIa iton�o. aecnmprio�er�run str� ut� occu��rinr hr) the workplacerno later than five calenear dagys after such conVgiction; //e) Notif inq the a enc i writin with c lendar days after Peceivin ri$tice gQrY'su� ra aph. l�)�� faom an errrpI Lee �r oth wise receiv,o a�fua notice N.d uch convi�tispioriert°c nvic a oynfeoss isvi Ce3f oeic o�nc� ue'r, Y {{�� ��jrol etsk4ln�iaea �Cve�tue, % a �im n, 2 once shall me u e the i entrfication num errs) of each a ected grant; g Tak n one. of the . followi act'pns, with' 30 lend r tlo s ot! Teceivm notice unair sub ar grap% (d)( �, wi reSYpect to any em�loyee who is so convister 1 Taking ap ro n to rsonnel . action a gin t such n req�to ee, VON n I in to min ti consistent with tele iir�mentspo#the e�acbi i atPon Fin o 1QJn/3, as amended; or Ouse as*isianre Requiring such em I y e.to artici ate satisfactoriI i a dru Er tEse byra t7 eeagencat�taoPor�o� neathaRaw en o oernent (g) Making a good faith effort to continue to maintaina drug- free orkaplaace)through implementation of paragraphs (a), (b), (c), (d), e The rante ma insert in t e pace, rovided elow t e ite s�efor grari`terfiorm�nce of wor sdone i�i connec ion wit tie Poar,e of Performance (Street address, city, country, state, zip Check r- �there are workplace on file that are not identified ere. S ti a ma' 610 �ftthe aryuontiocer�i{oaido sin aachg endtepe Nat ii O a�epart �n� �}�hJ cTSitshoUlc� ie inco(� tas aende ate [on may elect to use J� Form V . g Check r if the State has elected to complete OJP Form 4061 11. PGRANTEES WHO ARE INDIVIDUALS) As le e. ddb eft uWF� t�Wgruk larcteFAcit of �1n988,teeand deine� at 18 art: Sections 67.�T5 and fQr A. Asayr o dition of ttthe gr nt,. I ertify that I willl not engape in th use I Oyu onir f edu sub�stance�iinn'con�teionin2gri�a00ctsv�ity w�th �e grant; an B. If convinced of a criminal dru offense resulting, from a violation occurring during the conducq of any grant activity, I will report the conviction, in writing, within 1.0 calendar da s of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Chief Cecil E. Smith Sanford Police Department 815 Historic Goldsboro Boulevard, FL 32771 2. Application Number and/or Project Name 4. Typed Name and Title of Authorized Representative Cecil E. Sm'_th, Chief. 3. Grantee IRSNendor Number 6. Date